160 LAWS DELATING TO 



tions respecting said fisliery to be carried into effect, and to prosecute 

 all violations thereof that shall come to their knowledge, and who 

 shall also be sworn to the faithful performance of their duty in like 

 manner and under like penalties as other town officers : provided^ that 

 nothing herein contained shall be construed to prohibit the inhabitants 

 of the town of Braintree from taking smelts for their use and con- 

 sumption, or any of the inhabitants of the towns of Quincy or Wey- 

 mouth, for the same purpose, two days in each week, to be agreed 

 upon by the town of Braintree at their annual meeting in March or 

 April. 



Sect. 2. Be it further enacted^ That the owners or occupiers of 

 dams across said river shall, during the time said fish are passing up, 

 constantly keep open a passage through, over or round their respec- 

 tive dams, sufficient for the passage of said fish, to the satisfaction 

 of the selectmen of the said town, for the time being, or a major part 

 Of them, under penalty of a sum not less than twenty nor more than 

 fifty dollars, for each and every twenty-four hours that they shall 

 neglect to open a passage as aforesaid, from and after said owner or 

 occupier has been notified and required in writing by said committee, 

 for the space of two days so to do. 



Sect. 3. Be it further enacted. That if any person or persons 

 shall make any wear across said river, or cause any obstructions to 

 the free passage of said fish, contrary to the regulations of the town, 

 the person or persons so offending shall for each offence forfeit and 

 pay a sum not exceeding fifty dollars, nor less than one dollar, at the 

 discretion of the court before whom the same may be tried. 



Sect. 4. Be it further enacted^ That all penalties incurred by a 

 breach of this act, may be prosecuted and sued for before any court 

 of record proper to try the same, by an}^ inhabitant of said town being 

 a freeholder ; and no person shall be considered as disqualified from 

 being a witness on any trial that may be had pursuant to this act, by 

 reason of his or her being an inhabitant of said town (who is not a 

 complainant), or of being one of the committee aforesaid. 



Sect. 5. Be it further enacted. That the town of Braintree shall 

 cause to be given to ever}' poor and necessitous family in said town 

 annually, two hundred of said alewives, and the selectmen of the 

 said town of Braintree for the time being, shall or may determine 

 what necessitous or poor family shall be entitled to the benefit of said 



fish. 



Sect. 6. Be it farther enacted, That all fines and penalties re- 

 covered for a breach of this act, shall be one third part for the use of 

 the complainant, and the other two thirds for the use of the town of 

 Braintree. 



Sect. 7. Be it farther enacted. That the committee chosen by 



